Filing a lawsuit against a company requires an understanding of many different laws, as there are many different lawsuits that may be filed against companies in Massachusetts. In addition, you must also understand the laws concerning civil procedure, as such laws must be followed when initiating and engaging in a lawsuit against a company. In general, the process for filing a civil lawsuit against a company in Massachusetts is as follows:
- Identify Your Legal Claims and Theory: The first step in initiating a civil lawsuit against a company in Massachusetts is understanding the basis for your lawsuit, which will require an understanding of legal claims, civil statutes, and legal theory;
- Draft and File Your Complaint: After you identify the basis for your lawsuit, you will then need to actually draft your lawsuit, which will include your legal claims and also name the defendant in the case that you are alleging has caused you damages;
- Provide Notice to the Defendant: After filing your civil lawsuit, you then must serve the lawsuit on the defendant in order to provide them notice;
- Pre-trial: After your civil lawsuit has been served on the defendant, the defendant will then have a period of time to file an answer/defense to your claim.
- Generally, at this point in time, you will be conducting civil discovery and engaging in negotiations with the defendant in order to try and reach a settlement prior to the trial;
- Trial Phase: Finally, if you are unable to resolve your lawsuit with the defendant prior to trial, your case will then be set before a judge and/or jury for a formal trial proceeding.
A local attorney in Massachusetts will be most familiar with the entire civil process regarding drafting your lawsuit, properly serving it, and proceeding with your civil lawsuit against a company.
An attorney will also be able to assist you with the complete pre-trial phase of your lawsuit, which as mentioned above includes the discovery process for gaining civil evidence. Finally, they can also help prepare and represent you at a formal trial.
What Are the Reasons I Can Sue a Company For?
As mentioned above, there are many different reasons that a company may be sued in the state of Massachusetts. Examples of common reasons that may serve as a basis for a lawsuit against a company include:
- Issues involving wrongful termination, such as the company illegally terminating an employee based on a protected characteristic;
- Issues involving workplace harassment or other forms of employment discrimination, such as being denied a position or promotion based on a protected characteristic;
- Wage and benefit issues, such as a company failing to timely pay employees wages or provide promised benefits;
- Issues involving infringement of intellectual property rights either by an employee or the company stealing the rightful intellectual property of an employee;
- Issues involving breaches of contract, such as the company breaching an employment contract;
- Issues involving a personal injury claim, such as a company failing to maintain a safe premises, creating a defective product, or an employee injuring a patron or other employee.
What Types of Lawsuits Can Be Initiated Against a Company?
There are a variety of reasons why a lawsuit may be initiated against a company, but there are also many different types of lawsuits that may be initiated against companies. Examples of common lawsuits filed against companies include, but are not limited to:
- Personal injury lawsuits, including actual injuries and property damage;
- Products liability lawsuits;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breaches of contract lawsuits;
- Workplace discrimination or harassment lawsuits;
- Nuisance lawsuits;
- Defamation or libel lawsuits;
- Fraud, including tax fraud lawsuits;
- Violations of federal laws that include statutory damages.
One of the most common lawsuits that are filed against a company is a personal injury lawsuit that is based on a negligent action of the company or an employee of the company. When filing a personal injury lawsuit based on a negligence, the plaintiff (i.e., the person alleging they were injured) must prove all of the following elements:
- First, the company owed them a legal duty of care.
- In general, a legal duty of care arises due to their relationship (such as an employer-employee relationship or doctor-patient relationship) or status (such as their status of being an invitee, licensee, or trespasser);
- That the company breached the duty of care that they owed to the plaintiff through an act of negligence;
- That the company’s breach of duty was the actual and proximate cause of the plaintiff’s injuries; and
- That the plaintiff suffered actual and quantifiable damages as a result of the company’s negligent actions or inaction.
What Types of Companies Can Be Liable?
It is important to note that almost any company can be held liable for their actions or inactions if they violate federal, state, and/or local laws. For example, a for-profit company, such as a corporation, limited liability corporation (“LLC”), or partnership may all be held liable for violations of the law.
Similarly, non-profit companies, such as charities or non-profit organizations can also be held liable for their violations of the law. Additionally, other types of companies, such as government agencies, may also be held liable. Importantly, governmental companies may have some form of governmental immunity that will need to be navigated around.
How Do I Sue a Company for Damages?
The process for suing a company for damages generally follows the process outlined above. Typically, in order to sue a company for damages in Massachusetts, you must first draft your civil lawsuit.
Then, you must file your civil lawsuit in the proper venue. The appropriate venue is generally the district court in the county that you live in, but it may also be the court where your injury occurred. Once your lawsuit has been filed, you must then serve the lawsuit on the company, which will generally be their registered agent.
After providing notice, the opposing party will have a period of time to file an answer to your civil lawsuit. After the company’s answer period has passed, your lawsuit will then continue based on Massachusetts civil laws and procedures. Finding a lawyer to sue a company on your behalf is often necessary in order to ensure that you follow the proper civil process and avoid having your lawsuit dismissed.
How Long Do I Have to File a Lawsuit Against a Company?
There are actual deadlines that you have to adhere to when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is defined as the time period that you have to commence a lawsuit before you are barred from bringing the lawsuit.
As far as the exact deadline for your personal case, that will be dependent on the basis for your specific case. For instance, the personal injury statute of limitations in Massachusetts can be found in Massachusetts General Laws chapter 260, § 2A.
The law provides that individuals have three years to file personal injury lawsuits following the date of their injury accidents. As such, if you fail to commence your personal injury claim within the prescribed time frame, you will then be barred from bringing a civil lawsuit against the company later.
What Kind of Lawyer Do I Need to Sue a Company?
You might be experiencing issues related to a company in Massachusetts, such as suffering an injury or damages as a result of a company’s negligence. If this is the case, it is in your best interests to consult with an experienced Massachusetts business lawyer.
An experienced business lawyer will be able to help you determine your best course of legal action. Further, an attorney will also be knowledgeable about the civil procedure laws of the state. As such, an attorney can represent you throughout the entire legal process. Finally, an attorney will also be able to represent your interests in court, should a trial or other in-court action be necessary.
